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(영문) 부산지방법원동부지원 2019.03.28 2018가합106783

약정금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 350,000,000 won and the period from November 10, 2018 to March 28, 2019.

Reasons

B. The Defendants, on November 17, 2017, concluded each written agreement with the Defendants to settle the amount to be paid to the Plaintiff as KRW 350,000,000, and pay the said amount to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination:

A. In light of the background leading up to the formation of the agreement and the contents of each of the agreement on the settlement of accounts with the Plaintiff, it is reasonable to deem that the Defendants’ obligation to pay the agreed amount under each of the above settlement agreements is joint and several liability. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the agreed amount amount of KRW 350,000,000.

B. The Plaintiff filed a claim for damages for delay from January 1, 2018, claiming that the due date for the payment of the agreed amount is the end of 2017.

In light of the aforementioned evidence and the overall purport of oral argument, the settlement agreement prepared by the defendant company only stated "* Repayment Date: from November 10, 2018, and did not specify the repayment date, and it is recognized that the settlement agreement prepared by the defendant C does not contain any repayment date at all. Therefore, it is reasonable to deem that the defendants' obligation to pay the agreed amount to the plaintiff is an obligation with no repayment deadline. If there is no repayment deadline, the debtor is liable for delay from the time of receiving the claim for performance (Article 387 (2) of the Civil Act) and the claim for performance against one of the obligors is effective against the other jointly and severally liable (Article 416 of the Civil Act). Thus, the defendants are jointly and severally liable to the plaintiff, and the defendants are liable to pay damages for delay due to delay from November 10, 2018, on the record that it is the day following the first delivery date of the complaint at the time of receiving the claim for performance, and there is no reason to claim damages for delay in excess of this.

C. Accordingly, the Defendants are jointly and severally liable to the Plaintiff.